Posted by Gary Burger on February 9, 2018 in Law
I will be speaking at a Best Practices seminar at the United States Arbitration & Mediation (USA&M) center on the Reptilian Theory: The New Frontier of Trial and Negotiation Practice. You can register online for the CLE here.
Don Kennan and David Ball discuss their “reptile approach” in their book, Reptile: The 2009 Manual of the Plaintiff’s Revolution. This theory revolves around the psychology of persuasion and what our reptile brains respond to. Their approach teaches us as trial lawyers how to use jurors’ primal instincts of safety and self-preservation to view our arguments favorably.
Here is their website which lists their books discussing their approach. Unfortunately, they can only sell their books to Plaintiffs’ lawyers, not insurance defense work.
However, I have spoken at CLE classes and written blogs on both jury selection and theories of persuasion, such as this one on juries, discussing the roots of persuasion in well-established Illinois law.